General Contractor , Designer Builder
Jon Krise's LEADER Construction
Jon Krise's Leader Construction
“Business consists almost entirely of the making and preforming of contracts”
Law for Business 16th edition
1. Acceptance of contract: Customer is bound by this contract, and its terms and conditions when customer signs a contract. The contract expressly limits acceptance to the terms and conditions stated and laws that govern legal documents. Any additional or different terms proposed by the customer are rejected unless expressly consented to in writing by Jon Krise, the contractor.
2. Amendments: The parties agree that this contract, including the terms and conditions on the face estimate and following pages together with any attachments, contains the complete and final contract between the contractor and the customer; that no agreement or understanding to modify this contract shall be binding upon the contractor unless in writing and signed by Jonathan Krise or another authorize representative. All specifications, samples, and estimate submitted to customer with this order or referred to by this order are part of this order. In a sealed bid contract, designs, and estimate papers supplied by Jon Krise are property of Jon Krise and are protected by copy right laws. Any illegal copying or third party competitor viewing can result in legal action being taken. This document is a legal document and is to be considered as such upon signing. Purchased designs can be installed by a third party or the customer.
3. Changes: Changes are any single item or group of items not in the original contract. Jon Krise reserves the right to make changes at any time in any one or more of the following: 1) specifications, drawings 2) Changes will never be for lesser materials used on customer's project. 3) Manner of delivery. 4) Date of contract fulfillment. 5) Any change by the customer under this clause must be approved by the contractor in writing. 6) Price increases due change order shall be binding on the customer unless evidenced by a written document signed by Jon Krise. Any change(s) to contract must be a type request and signed by customer and returned to the contractor for approval. The contractor will sign the change order and include cost for change. Extra work that customer needs completed needs the above to be completed, a new estimate written, and signed by customer. Change order requests are needed for any single change or group of changes that total $50.00 or more.
4.Canceling contract: To terminate this contract by written notice, effective when received by Jon Krise, concerning materials not yet installed, services not yet performed, or a material not delivered to the customer site, from customer to the contractor, and the contractor signs and returns it to the customer. The above are the only limits from customer to the contractor on any payment the contractor from customer. The contractor will give final bill with adjusted pricing for any contract termination. Jon Krise shall have the right to cancel for default on any or all the contract if the customer does not make schedule payments as in the specified pay schedule. If customer breaches any of the terms and conditions, the customer shall make arrangements, extensions, or assignments, for the benefit of creditors, and make payments to the contractor' s creditors for customer's materials purchased from the applicable creditors. If final payment is not received within 15 days of completion of the contract an officer of the court will be notified and be sent to collect payment using any and all legal channels afforded the contractor under local, state, and federal laws.
5.Inspection and acceptance: Jon Krise shall not be liable for failure of acceptance on any part of the materials, if this failure is the result of any cause beyond the control of the contractor. These causes include but not limited to fire, flood, strikes, work stoppage, casualties, by improper usage of materials, new laws , new regulations, underground rock formations, or acts of God. These can be unforeseen and are not the contractor's liability. Materials to be used are listed on the face document. Acceptance of contract is considered final after 15 days from final billing. Final payment is due 15 days from this point. Please review carefully!!!
6. Warranty: The contractor warrants that the goods furnished are of merchant quality and fit for customer's purposes and that they shall conform to the contractor's instructions, specifications, drawings, affirmations, promises, descriptions that form the basis of this contract. The contractor warrants that all services provided for the customer will be preformed in a competent, work man like manner and shall be free from faults and defects. Jon Krise will not be liable for damage to any landscape or other construction contract due to extreme weather conditions, acts of God, and/or damage by an outside force. Examples of this include but not limited to animals, human actions, wash out of landscape materials from extreme rain, or unsettling of hardscapes. Jon Krise deals with established reputable companies. The manufacture's warranty applies to any materials used in the contract and is not the responsibility of the contractor. Any materials supplied by customer carries no warranty. The materials we supply and our workmanship are under 2 year warranty The contractor does not warranty any plant material.
7. Obtaining building codes and permits: Permits from local government / municipalities are responsibility of the customer. If the contractor is asked to obtain permits to begin the contract there will be a fee of 125.00 dollars per hour plus the cost of the permit. A copy of local building codes needs to be on hand as well. The above costs and fees apply if customer does not obtain this information.
8. Termination: Jon Krise may end the contract in part of work in progress or in whole of work yet to do be started with no future liability to the contractor to finish the contract if written notice of termination is submitted to customer with cause of termination. Customer will pay balance, if any of work in progress and materials not installed but at the customer's site, due to Jon Krise upon termination of contract. A final bill will be submitted to customer and must be paid within 30 days of receipt by customer.
9. Applicable law: Jon Krise agrees that the law of the State of Pennsylvania govern this contract and the contractor agrees to submit to the jurisdiction of the courts of Pennsylvania. If any provision of the contract is held invalid, the remainder of the contract shall not be affected thereby. This includes the customer's right of rescission notice that the customer shall be permitted to cancel this contract in writing, without penalty regardless of where contract was signed, within three business days of the date of signing. Customers can call Consumer Protection 800-441-2555 to file report with the attorney general's office. http://www.attorneygeneral.gov/uploadedFiles/Consumers/HIC/Act_132_Home_Improvement.pdf
this web address has complete information and as an informed customer you should know your rights.
10. Compliance with applicable law: The contractor agrees that, in performance of this contract, it will comply with all applicable laws, statues, rules, regulations, or orders of the United States government or of any state or political subdivision thereof.
11. Maintenance and care: Jon Krise will perform maintenance while under contract. Each contract involving landscaping requires maintenance to be performed by customer. This is normal maintenance plants need to survive. Watering each plant 2 to 3 times per week for the first season. And, in drought conditions require more watering, and excess rain fall calls for less watering. Fertilizing each plant, although not required, will have positive affects on plant growth, disease tolerant levels increases, and promotes healthy root system. Deciduous plants, shrubs, trees, and most perennials like alkaline fertilizers, and evergreen trees and shrubs like acidic fertilizers. It is best to for customer to learn a little about your plant life and how to fertilize them. Also, when to trim each shrub, tree, or perennial to achieve the best shape, foliage, fruit, and flower. This information is available through Jon Krise, your local nurseries, and on the internet. These are a few examples of where to find information of caring for a landscape. New lawns require 1 hour of water at 6 am, 2 hours of water from 130 pm to 330 pm, and one hour of water at 600pm. Seeds can not be allowed to dry out!
12. Designs and estimates: Any and all architectural designs drawn for a customer's project by the contractor are protected by copyright laws. There is a fee for our design service. Fees for designs is 85 dollars per hour. This is for initial design only. Free estimates for any job includes only the original estimate and requires the client to supply pictures, measurements, and project description by mail or email. Revisions and future house calls are subject to charges of 85 dollars per hour for house call, and 85 dollars per hour for estimate/drawing revisions. Charges for these services are billed up front to the customer. A signed contract is required. There are no exceptions to this. Designs are required for all projects. Hardscape design of curved edges result in brick pieces being cut from square brick. This makes an appealing look as the edge flows smoothly around, but the individual brick pieces can and do range in size. Brick pavers are always estimated in 2 3/8inches ASTM paver in non tumbled form unless face document states other wise. During construction the contractor needs access to water source and electric power source. Estimate face document quantities are maximum allowance to stay within budget for the project. The actual quantity may be less and the contract price does not change. It will change if the quantity needed is more than listed.
During construction Jon Krise will need access to water source and electrical power source.
13. Plant materials: Jon Krise does NOT supply plant material! We will install plants supplied at the site by the customer. The Customer can shop around at any nursery or hardware store for best warranty, plant selection, and price. We do recommend plants from Pennsylvania Pride. If we supply the plant materials they will be healthy and disease free; however, they will carry no warranty. Living things need care. We ask that our clients learn how to care for plants because they are living and they are a large financial investment.
14.Payment: Payment of 33 percent of the bid is required on the starting date of the installation. All materials are special order as Jon Krise does not stock any materials. We require the materials moneys a minimum of two weeks in advance so your materials can be ordered. This ensures the materials are available to be installed. Doctors often require full payment before seeing patients ;therefore, they must pay a contractor retainer fee before work begins. This retainer keeps costs down for every consumer because we no longer have to wait months and multiple invoices later for busy doctors to pay for our services. A personal check is not proper tender until it has been satisfied by the bank from which it is drawn. Legal tender is U.S. Currency and satisfies the contract the instant it is paid. There is a returned check fee of 40 dollars. After we receive a returned check, payment must then be made completely in cash no other payment is acceptable. If Payment is not rendered with in 30 days of completing a contract, we have the right to use the sheriff's office to execute a reposition of household goods to collect the amount owed us plus the cost of sheriff fees. This clause states our legal right as the project will have been able to be occupied or utilized by the client and the contractor has reserved the title to the project goods until final payment is made.
15. Epa lead paint rules and regulations.
What kinds of work are excluded?
Specific exclusions from this requirement are activities that are less likely to pose a risk of exposure to lead-based paint, dust or other lead hazards. Minor housing repairs and maintenance activities, emergency renovation operations, and renovation activities that take place in housing that has already been determined by a certified inspector to be lead free are examples of these excluded.
Where can I obtain copies of the pamphlet and sample notification forms? **Renovations that will disturb more than 2 square feet of painted surface in homes built pre 1978 are required to have the paint tested for lead. If lead is detected proper handling procedures must be followed to remove it. The information pertaining to this is available at the National Lead Information Center (NLIC). 1 800 424 LEAD. The forms are also available at NLIC or at www.EPA.gov/lead on the web. We do not offer this service. We require the customer to have a certified lead testing inspector/service tech execute this before we can perform the renovation. Documentation that the test has been completed and the necessary action has been taken to comply with the regulations per the results is required from the customer to be given to the contractor. If this test has been preformed for a previous renovation project by a certified inspector and he/she has found no lead paint, we will need a copy of those results: no new test is required, no action taken. If the home was constructed after 1978 this test is not required.
16. Our back ground with experience as well as professional education yields our customer's a complete turn key projects. Please visit our websites for more information about us.
Jonathan Krise has education from Penn State, CCAC,WCCC continuing education credits, certificates in residential/industrial electrical from CTC Westmoreland, landscape design degree from Ashworth University, and a NCMA SRW certified installer.
Associate in Applied Science in Construction Mgmt With Honors Ashworth College